Page:Ruffhead - The Statutes at Large - vol 2.djvu/670

 620 all Bonds and « Covenants for < renewing there- c of, (hall be void, ( &c. A Rehear- fal of the Statute' of 13 El, e. 10. < touching Aflii- c ul Per : of their f.ands in ipar'7^80. pi. 359. Godb. 29. 'afes made he- re this Statute. of St. Joh: College in Oxford. C. ir. Anno xviii Reginse Elizabeths. A. D. 1576. 4 ritual or Eccjefiaftical Living, or any Houfes, Lands, Tithes, Tenements or other Hereditaments, being ' any Parcel of the PolTeflions of any fuch College, Cathedral Church, Chapter, Hofpital, Parionage, ' Vicarage or other Spiritual Promotion, or any ways appertaining or belonging to the fame, or of any of them, to any Perfon or Perfons, Bodies Politick or Corporate ; (3) other than for the Term of twenty- one Years or three Lives, from the Time of any fuch Leafe or Grant fhall be made or granted, where- upon the accuitmed yearly Rent or more fh all be referved and payable yearly during the faid Term ; (4) fhall be utterly void and of none Effect, to all Intents, Constructions and Purpofes; any Law, Cuftom or Ufage to the contrary notwithstanding, as in the faid Act more plainly appeareth : nds. Tithes, &c, ■cs to de. ' If. Sithcnce the making of which faid Eftatute, divers of the faid Ecclefiaftical and Spiritual Perfons • Mean- t ajlc j otrierS) having Spiritual or Ecclefiaftical Livings, have from Time to Time made Leafes for the Term lti e ' I °An. ' of twenty-one Years or three Lives, long before the Expiration of the former Years, contrary to the true -'. ' Meaning and Intent of the faid Statute :' (2) Be it therefore enacted by this prefent Parliament, That all by Spiri- Leafes hereafter to be made by any of the faid Ecclefiaftical, SpirituaLor Collegiate Perfons or others, of any their faid Ecclefiaftical, Spiritual or Collegiate Lands, Tenements or Hereditaments, whereof any form r Leafe for Years is in Being, not to be expired, furrendered or ended within three Years next after the ma- king of any fuch new Leafe, fhall be void, fruftrate and of none Effect ; any Law, Ufage or Cuftom to the contrary notwithstanding. III. And be it likewise enacted by the Authority aforefaid, That all and every Bond and Covenant what- foever hereafter to be made, for renewing or making of any Leafe or Leafes, contrary to the true Intent of this A6t, or of the faid Act made in the faid thirteenth Year, fhall be utterly void; any Law, Statute, Or- dinance or other Thing whatfoever to the contrary in any wife notwithstanding. IV. Provided always, That this Act, nor any Thing therein contained, fhall extend or be prejudicial to make fruftrate or void any Leafe or Leafes heretofore made by any of the faid Spiritual or Ecclefiaftical Perfon or Perfons or any of them, but that the fame and every of them are of the like Force and Effect, as they or any of them were before the Making of this prefent Statute; this Act or any Thing therein con- tained to the contrary notwithstanding. ' V. And where Sir Thomas White, late Knight and Alderman of London, for Advancement of good ' Learning, hath founded one College in the Univerfity of Oxford, called St. John Baptiji's College, and ' being feifed of the Manor of Fijbyae, alias Fifield, in the County of Berks, did, together with all other ' his Lands, Tenements and Hereditaments, give and affure the faid Manor, with the Appurtenances, to ' the Prefident and Scholars of the faid College for ever: (2) And neverthelefs the faid Sir Thomas White ' having then one Ralph White his Brother living, and fundry Kinfmen, to whom, by Courfe of the Com- ' mon Law, his Lands might have defcended, did devife and order, and by the Statutes which he provided ' for the faid Houfe, and by Order of the now Vifitor of the faid College, it is ordained, That the faid ' Manor of Fijhyde, alias Fifield, with the Appurtenances, Should be demifed by the faid Prefident and ' Scholars for the Time being, to the faid Ralph for the Term of ninety-nine Years, if the faid Rdph 1 Should fo long live, and fo it is intended, that from Heir Male to Heir Male of the faid Sir Thomas ' White, new Devifes Should from Time to Time be made of the faid Manor with the Appurtenances, to { every fuch Heir Male fucceflively for the Term of ninety-nine Years, if fuch Heir Male Should fo long ' live, yielding to the faid Prefident and Scholars for the Time being, fuch Rent as now is referved, with ' fuch further Covenants and Conditions, as by the faid Sir Thomas White or Vifitor is agreed and ap- ' pointed : ' VI. And where fince the Deceafe of the faid Sir Thomas White, the faid AfTurances to the faid Prefident ' and Scholars, in all, or the moft Part of the Lands, Tenements and Hereditaments of the faid Founder, the Manor <f ' were found in fome refpect imperfect and infufficient in Law, and that thereupon the Skid Ralph White, ' to whom the Advantage of fuch Imperfection came by Law, did neverthelefs take no fuch Advantage, ' but did willingly make perfect the faid AfTurances according to the true Meaning of the faid Sir Thomas ' White his Brother, accepting only one Leafe of the faid Manor, in fuch Sort as by the faid Visitor ' was appointed, with the Copyholds and other Appurtenances of the faid Manor:' (2) For Remedy whereof, be it enacted, That the Prefident and Scholars of the faid College may from Time to Time de- mise the faid Manor, Copyho'.ds and other Appurtenances, to every Heir Male of the faid Sir Thomas White fuccefTivcly, according to the Form of Leafe thereof already made to the faid Ralph, and that every fuch Leafe fo to be made, and every Covenant made or to be made for the Performance of the fame, fhall be good in Law, as if the faid Act made in .he faid thirteen h Year had never been had nor made; any Thing in the faid Act made in the laid thirteenth Year, or. any other Act or Matter whatfoever to the contrary notwithstanding. ' VII. And whereas in one other Statute made in the faid thirteenth Year of her Majefty, in.'ituled, An ' Acl touching Leafes of Benefices, and other Ecchfeajlical Livings with Care, one Claufe is contained, That ' the Incumbent offending the Purport of the faid Statute fhall for the fame lofe one Year's Profit of his laid ' Benefice, to be distributed by the Ordinary among the Poor of the Parifli, as by the faid Branch in the ' faid laft recited Statute appeareth:' (2) Be it therefore enacted by the Authority aforeSaid, That after I Complaint made to the Ordinary, and Sentence given upon any Offence committed by the Incumbent, rv whereby he fhall or ought to lofe one Year's Profit of his Benefice as afore Shewed, that the Ordinary within c-two Months after fuch Sentence given, and Requeft to him made by the Churchwardens of the faid PariSh led contrary or onc Q c t hem, fhall grant the Sequeftration of fuch Profits to fuch Inhabitant or Inhabitants within the ulL °' PariSh v/here fuch Benefice Shall be, as to him Shall feem meet and convenient; (3) and upon Default A Leafe may be made to Fifield by St. John's College 13 El. c. 13 El. c. : In what Cafe Sequeftration by the Ordii of a Benefice In "hat Cafe therein by the Ordinary, that it may and fhall be lawful to every Parifhioner where the Benefice i the pariihionjrs to retain and